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Bills on immigration, physician aid in dying, convictions on confessions alone face uncertain fate on deadline day

Megan Messerly
Megan Messerly
Riley Snyder
Riley Snyder
Michelle Rindels
Michelle Rindels
Legislature
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Decisions are coming on measures affecting physician aid-in-dying, surprise emergency room billing and immigration holds by police departments on the Legislature’s second major deadline for bills to pass out of their house of origin.

Lawmakers have canceled most committee meetings Tuesday and are gearing up for marathon floor sessions, where votes and decisions will also occur on bills creating studies on brothel working conditions, allowing convictions based on confessions and creating new rights for renters.

Although it’s unclear how many bills will meet their end on Tuesday, it’s likely lawmakers won’t match the more than 280 bills killed during the first deadline for bills to make it out of committee. And thanks to numerous last-minute bill draft requests, along with exemptions and waivers from legislative deadlines, as well as amendments, a dead bill doesn’t necessarily stay dead.

The next major deadline will come on May 17, when bills are required to pass out of committee in their second house.

For minute-by-minute updates on the status of bills throughout the day on Tuesday, check out The Nevada Independent’s bill tracker.

Here’s what to watch for on deadline day:

AB281: Limitations on immigration holds

It’s unclear whether the Assembly will approve this bill, which prevents local law enforcement from detaining someone on an immigration hold unless there is an independent finding of probable cause that the person committed a crime.

The bill, sponsored by Democratic Assemblyman Edgar Flores, has been placed on the chief clerk’s desk — a form of legislative limbo. It had support from law enforcement groups and was even opposed by some progressive groups for not going far enough because it preserved 287(g) agreement, but has also been a lightning rod for criticism from Republicans who have dubbed it a “sanctuary state” bill.

ACR4, ACR6, ACR7: Studies on wildfires, brothel working conditions and marijuana DUIs

Lawmakers need to decide which studies they will pursue during the interim. So far, three proposed studies are on the chief clerk’s desk — ones on wildfires, brothels, and marijuana DUIs — but more could come.

For instance, ACR8, which would require an interim study on the compensation of on-call employees, was heard by the Assembly Legislative Operations and Elections Committee but never voted on. The Senate also has at least four studies — on the development of renewable energy and clean energy resources, fire protection in Washoe County, electric vehicles and occupational licensing boards — on its plate.

The Legislature budgeted money for six studies in the interim under the jurisdiction of the Legislative Commission, allowing for three from the Senate and three from the Assembly. Assembly Majority Leader Teresa Benitez-Thompson said that decision could come on Tuesday.

Numerous other bills call for studies, but some direct entities other than the Legislative Commission — such as the interim health committee — to do the work.

SB165: Physician aid-in-dying

State Sen. David Parks is hoping that his bill to allow terminally ill patients to take life-ending drugs as prescribed by their doctors will clear the Senate. But the vote will be close, he said in a brief interview on Monday.

“I was banking on at least 12 but, yeah,” Parks said, acknowledging that it “could be” closer than that.

The bill needs 11 votes to pass out of the Senate, which is how many the same proposal received two years ago before failing to advance out of an Assembly committee. Of the sitting senators who were present for the 2017 vote, seven supported the legislation and six opposed it, which means the fate of the legislation sits on the shoulders of the eight freshman senators if the sitting senators vote as expected.

Parks said he placed the bill on the desk of the secretary of the Senate last week — a sort of legislative purgatory where bills wait to be scheduled for a vote on the Senate floor — to finalize the votes on the bill.

If it passes, patients diagnosed with a condition that cannot be cured and will result in death within six months would be allowed to self-administer a controlled substance as prescribed by a physician to end his or her life. To be eligible, the patient would have to be at least 18, competent, a Nevada resident, diagnosed with a terminal condition by two physicians and voluntarily affirm that no one is coercing him or her in making the decision.

SB256: Tenant rights and protections

It’s do or die time for Democratic Sen. Yvanna Cancela’s SB256, which would codify certain rights for renters including limitations on late fees and move-out inspections and require any security deposit be returned within 21 days of a move-out.

The amended version of the bill removes language prohibiting landlords from discriminating against renting to a person on government benefits or for a low-income housing project property owner to discriminate against a person with a history of not paying rent. The bill would allow tenants to request a final inspection of their dwelling within 21 days of moving out, and to receive a statement of any deficiencies. It also requires landlords give tenants who have been evicted or locked out a “reasonable opportunity” within five days to gather personal items.

The original version of the bill has been staunchly opposed by developers, real estate agents and the home construction industry, who have taken out social media ads and launched a website rallying opposition against the bill.

The bill passed out of the Senate Commerce and Labor Committee on April 11 on a 4-3 vote, with all Republican members of the committee voting against it.

SB438: Convictions on confessions alone

If approved, this bill would allow a statement or confession made by a defendant enough evidence to sustain a conviction.

SB438, which is sponsored by the Senate Judiciary Committee, was amended from its initial version, which would have made a confession by a defendant enough to warrant a conviction in cases of driving under the influence, domestic violence, some sex crimes or elder abuse.

But the bill was amended to have a confession alone be enough to sustain a conviction and requires a court to determine whether there is evidence to support the assertions made in a confession, whether there is evidence that may support the commission of a crime and if the circumstances of the confession support the truthfulness of any assertion.

The bill has been stuck on the secretary’s desk in the Senate since April 19. Democratic Senate Majority Leader Nicole Cannizzaro said she was still addressing concerns with the bill and didn’t know if it would make it through the deadline.

“We’re trying to answer those questions, and if we can do that by tomorrow, then we’ll see it come off the desk,” she said.

AB76: Regional behavioral health board changes

A bill that would make tweaks to the regional behavioral health policy board structure established by the Legislature last session has been sitting on the chief clerk’s desk for the last week. But Assemblyman Steve Yeager, who chaired the Southern Nevada Regional Behavioral Health Policy Board, said that the legislation is waiting for a minor amendment and will move as soon as he receives it.

The amendment would give Clark County its own regional behavioral health policy board and fold Esmeralda, Lincoln and Nye counties into the Rural Regional Behavioral Health Policy Board. It would also make changes to the appointment process for the boards and make optional a requirement that each board employ an administrative assistant and a data analyst to help the board with its work. The fiscal impact of that last requirement in particular would’ve stalled the legislation, Yeager said.

“It’s not ideal, but at the same time I didn’t want it to hold up the bill from being passed,” Yeager said.

AB469: Ending surprise emergency room billing

Another bill slated for a vote on deadline day is a proposal that would hold patients harmless for out-of-network bills they receive for emergency medical treatment.

The bill would require patients to only pay the copay, coinsurance or deductible that they would have been required to pay to an in-network provider. Then, the bill lays out a process for how insurance companies reimburse out-of-network hospitals and other providers.

For instance, if a hospital and insurer were recently in network, the insurer would be required to pay 108 or 115 percent of the previously contracted rates, depending on how long they’ve been out of network. If they never had a contract or were out of network for more than two years, the two are required to go to arbitration.

The bill lays out a separate process for reimbursing other out-of-network providers, such as doctors.

SB300: Alternative ratemaking

Nevada senators on Tuesday will decide the fate of a bill that would substantially overhaul the process how electric rates in Nevada are set.

Proposed by Democratic Sen. Chris Brooks, SB300 would authorize the state Public Utilities Commission to adopt regulations allowing electric utilities such as NV Energy to adopt “alternative” ratemaking mechanisms and potentially extend out the regularly scheduled three-year cycles in which rates are proposed and approved by the commission.

The bill would require the PUC to create a framework for a wide variety of alternative ratemaking tools, tied to nine public policy goals identified by the Legislature including rate stability, development of renewable energy, electrical grid efficiency and security and ensuring customers benefit from lower administrative costs. It would potentially allow for automatic adjustments in rates based on several factors, without the costly and involved process of holding a general rate case every three years.

The bill passed unanimously out of the Senate Growth and Infrastructure Committee on April 11. Brooks said he expected the bill to pass.

AB148: Recourse on plea agreements

This bill, which would allow prosecutors and defense attorneys recourse if a judge rejects a plea deal they’ve struck, faces an uncertain future in the Assembly after it was placed on the chief clerk’s desk.

Democratic bill sponsor Assemblyman Ozzie Fumo said he’s not sure why his bill has been sidelined. He said it only had a one or two “no” votes in committee.

The measure is aimed at a situation in which a judge rejects a plea agreement that specifies a certain sentence. Fumo said the typical situation involves a judge who thinks the deal is too lenient and aims for a higher sentence, but could also be a judge who hands out a lower-than-agreed-upon sentence.

Under the terms of the bill, a plea agreement is conditional and if a judge does not agree with it, the parties go back to the drawing board and the defendant can withdraw from the agreement.

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